Citas bibligráficas
Becerra, A., (2024). Amparo de animales de compañía en supuestos derivados de Derecho de Familia y Sucesiones en la Ley 30407 [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/7236
Becerra, A., Amparo de animales de compañía en supuestos derivados de Derecho de Familia y Sucesiones en la Ley 30407 []. PE: Universidad Andina del Cusco; 2024. https://hdl.handle.net/20.500.12557/7236
@misc{renati/1125959,
title = "Amparo de animales de compañía en supuestos derivados de Derecho de Familia y Sucesiones en la Ley 30407",
author = "Becerra Flores, Adriana Patricia",
publisher = "Universidad Andina del Cusco",
year = "2024"
}
This research aimed to analyze whether the rights of companion animals are protected under Law No. 30407, the Animal Protection and Welfare Law, in cases arising from Family and Succession Law. The general hypothesis proposed was that Law No. 30407 does not cover issues related to Family and Succession Law concerning the rights of companion animals, and therefore, these animals are not adequately protected. The research was qualitative and dogmatic-analytical in nature, using documentary analysis of doctrine, jurisprudence, legal norms, comparative law, and expert interviews as data collection techniques. The hypotheses were validated, and the main conclusion was that, despite its advances in animal protection, Law No. 30407 presents significant deficiencies in regulating the rights of companion animals within the context of Family and Succession Law. Although the law establishes general principles for animal welfare, it lacks specific provisions for situations such as divorces, separations, and the fate of animals after their owner's death. This lack of specific regulation contrasts with reforms implemented in other jurisdictions, such as Spain, which have progressed in including animals within the framework of Family and Succession Law. In addition, it is suggested that, in order to strengthen the protection of companion animals within the scope of Family and Succession Law, the Congress of the Republic of Peru should consider reforming Law No. 30407, incorporating specific provisions to regulate the custody of animals in cases of divorce or separation. Also, establishing clear rules regarding their fate after the death of their owners. These reforms should include legal mechanisms that allow owners to designate a responsible person in their wills for the care of their animals and allocate resources for their future well-being, thus ensuring comprehensive protection and aligning Peruvian legislation with international animal welfare standards. The regulation should be based on primary factors, such as the bond between the animal and the parties involved, the time available for its care, and the security measures that can be offered; and on complementary factors, such as conditions for recreation and rest, the ability to meet both emotional and economic needs, the place of residence, and the daily routines of each part.
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